Coca-Cola Europacific Partners Australia Pty Ltd
[2023] FWCA 671
•1 MARCH 2023
| [2023] FWCA 671 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Coca-Cola Europacific Partners Australia Pty Ltd
(AG2023/316)
Coca-Cola Europacific Partners Australia Pty Ltd Cold Drink Operations (Equipment Service) Enterprise Agreement (VIC) 2022
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 1 MARCH 2023 |
Application for approval of the Coca-Cola Europacific Partners Australia Pty Ltd Cold Drink Operations (Equipment Service) Enterprise Agreement (VIC) 2022
An application has been made for approval of an enterprise agreement known as the Coca-Cola Europacific Partners Australia Pty Ltd Cold Drink Operations (Equipment Service) Enterprise Agreement (VIC) 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coca-Cola Europacific Partners Australia Pty Ltd. The Agreement is a single enterprise agreement.
The consultation term in the Agreement does not meet the requirements of s.205(1A) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2023. The nominal expiry date of the Agreement is 30 August 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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